DOJ proposes remedy to address Apple’s alleged ebook price fixing
TweetFollow Us on Twitter

DOJ proposes remedy to address Apple’s alleged ebook price fixing

The Department of Justice and 33 state attorneys general have submitted to the court a proposed remedy to address Apple's illegal conduct, following the July 10, 2013, U.S. District Court for the Southern District of New York decision finding that Apple conspired to fix the prices of e-books in the United States. The proposed relief "is intended to halt Apple’s anticompetitive conduct, restore lost competition and prevent a recurrence of the illegal activities."
 
"The court found that Apple’s illegal conduct deprived consumers of the benefits of e-book price competition and forced them to pay substantially higher prices," says Bill Baer, Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. "Under the department’s proposed order, Apple’s illegal conduct will cease and Apple and its senior executives will be prevented from conspiring to thwart competition in the future."
 
The department’s proposal, if approved by the court, will require Apple to terminate its existing agreements with the five major publishers with which it allegedly conspired -- Hachette Book Group (USA), HarperCollins Publishers L.L.C., Holtzbrinck Publishers LLC, which does business as Macmillan, Penguin Group (USA) Inc. and Simon & Schuster Inc. -- and to refrain for five years from entering new e-book distribution contracts which would restrain Apple from competing on price. 

Under the department’s proposed remedy, Apple will be prohibited from again serving as a conduit of information among the conspiring publishers or from retaliating against publishers for refusing to sell e-books on agency terms. Apple will also be prohibited from entering into agreements with suppliers of e-books, music, movies, television shows or other content that are likely to increase the prices at which Apple’s competitor retailers may sell that content. 

To "reset competition to the conditions" that existed before the conspiracy, Apple must also for two years allow other e-book retailers like Amazon and Barnes & Noble to provide links from their e-book apps to their e-bookstores, allowing consumers who purchase and read e-books on their iPads and iPhones to compare Apple’s prices with those of its competitors.
 
Additionally, the Department of Justice is asking the court to appoint an external monitor to ensure that Apple’s internal antitrust compliance policies are sufficient to catch anticompetitive activities before they result in harm to consumers. The monitor, whose salary and expenses will be paid by Apple, will work with an internal antitrust compliance officer who will be hired by and report exclusively to the outside directors comprising Apple’s audit committee. The antitrust compliance officer will be responsible for training Apple’s senior executives and other employees about the antitrust laws and ensuring that Apple abides by the relief ordered by the court.
 
On April 11, 2012, the department filed a civil antitrust lawsuit in the U.S. District Court for the Southern District of New York against Apple, Hachette, HarperCollins, Macmillan, Penguin and Simon & Schuster, for conspiring to end e-book retailers' freedom to compete on price by taking control of pricing from e-book retailers and substantially increasing the prices that consumers paid for e-books.
 
At the same time that it filed the lawsuit, the department reached settlements with three of the publishers -- Hachette, HarperCollins and Simon & Schuster. Those settlements were approved by the court in September 2012.  The department settled with Penguin on Dec. 18, 2012, and with Macmillan on Feb. 8, 2013. The Penguin settlement was approved by the court in May 2013. Final approval of the Macmillan settlement is pending before the court. 

Under the settlements, each publisher was required to terminate agreements that prevented e-book retailers from lowering the prices at which they sell e-books to consumers and to allow for retail price competition in renegotiated e-book distribution agreements.
 
The department’s trial against Apple, which was overseen by Judge Denise Cote, began on June 3, 2013. The trial lasted for three weeks, with closing arguments taking place on June 20. The court issued its opinion that Apple violated Section 1 of the Sherman Act on July 10,.  The court will hold a hearing on remedies on Aug. 9, 2013.

 
AAPL
$567.34
Apple Inc.
+42.59
MSFT
$39.37
Microsoft Corpora
-0.32
GOOG
$527.22
Google Inc.
+0.28

MacTech Search:
Community Search:

Software Updates via MacUpdate

Cyberduck 4.4.4 - FTP and SFTP browser....
Cyberduck is a robust FTP/FTP-TLS/SFTP browser for the Mac whose lack of visual clutter and cleverly intuitive features make it easy to use. Support for external editors and system technologies such... Read more
TechTool Pro 7.0.3 - Hard drive and syst...
TechTool Pro is now 7, and this is the most advanced version of the acclaimed Macintosh troubleshooting utility created in its 20-year history. Micromat has redeveloped TechTool Pro 7 to be fully 64... Read more
MacFamilyTree 7.1.6 - Create and explore...
MacFamilyTree gives genealogy a facelift: it's modern, interactive, incredibly fast, and easy to use. We're convinced that generations of chroniclers would have loved to trade in their genealogy... Read more
EtreCheck 1.9.9 - For troubleshooting yo...
EtreCheck is a simple little app to display the important details of your system configuration and allow you to copy that information to the Clipboard. It is meant to be used with Apple Support... Read more
TeamViewer 9.0.28116 - Establish remote...
TeamViewer gives you remote control of any computer or Mac over the Internet within seconds, or can be used for online meetings. Find out why more than 200 million users trust TeamViewer! Free for... Read more
Viber 4.1.0 - Send messages and make cal...
Viber lets you send free messages and make free calls to other Viber users, on any device and network, in any country! Viber syncs your contacts, messages and call history with your mobile device,... Read more
Apple iOS 7.1.1 - The latest version of...
The latest version of iOS can be downloaded through iTunes. Apple iOS 7 brings an all-new design and all-new features. Simplicity Simplicity is often equated with minimalism. Yet true simplicity is... Read more
1Password 4.3 - Powerful password manage...
1Password is a password manager that uniquely brings you both security and convenience. It is the only program that provides anti-phishing protection and goes beyond password management by adding Web... Read more
Lens Blur 1.3.0 - True out-of-focus boke...
Let Lens Blur transform your existing photo into true SLR-quality out-of-focus bokeh effect! Everyone needs a gorgeous personalized background for a social profile, blog, Web/UI design, presentation... Read more
VMware Fusion 6.0.3 - Run Windows apps a...
VMware Fusion allows you to create a Virtual Machine on your Mac and run Windows (including Windows 8.1) and Windows software on your Mac. Run your favorite Windows applications alongside Mac... Read more

Latest Forum Discussions

See All

Yomi Review
Yomi Review By Rob Thomas on April 24th, 2014 Our Rating: :: C-C-C-COMBO BREAKERiPad Only App - Designed for the iPad Round One – Fight! No quarters required for this iOS adaptation of a tabletop adaptation of the arcade fighting... | Read more »
Injustice: Gods Among Us Updated with Ne...
Injustice: Gods Among Us Updated with New Characters, Leaderboards, Gear, and Online Multiplayer Posted by Rob Rich on April 24th, 2014 [ | Read more »
Spin It Review
Spin It Review By Jordan Minor on April 24th, 2014 Our Rating: :: SPIN ME RIGHT ROUNDUniversal App - Designed for iPhone and iPad Spin It has a fine puzzle game model, but its execution lacks energy.   | Read more »
Productivity App NoteSuite is Having its...
Productivity App NoteSuite is Having its Biggest Sale Ever, Just for One Week Posted by Rob Rich on April 24th, 2014 [ permalink ] | Read more »
Wayward Souls Review
Wayward Souls Review By Carter Dotson on April 24th, 2014 Our Rating: :: CARRY ON, WAYWARD SONUniversal App - Designed for iPhone and iPad Wayward Souls is a roguelike-inspired action-RPG that sets a high bar for other games to... | Read more »
The Sandbox Gets Update, Receives New Ca...
The Sandbox Gets Update, Receives New Campaign and New Elements Posted by Tre Lawrence on April 24th, 2014 [ permalink ] Universal App - Designed for iPhone and iPad | Read more »
Football Management Simulator One For El...
Football Management Simulator One For Eleven Released Worldwide Today for iOS Posted by Simon Reed on April 24th, 2014 [ permalink ] Free-To-Play football management title One For E | Read more »
Leo’s Fortune Review
Leo’s Fortune Review By Jordan Minor on April 24th, 2014 Our Rating: :: FORTUNATE SONUniversal App - Designed for iPhone and iPad Leo’s Fortune delivers a platforming experience as creative and refined as any console game.   | Read more »
Suited Up (Games)
Suited Up 1.0 Device: iOS Universal Category: Games Price: $1.99, Version: 1.0 (iTunes) Description: Suited Up is a difficult, one-touch platformer that requires players to visualize each jump. The controls in Suited Up are simple,... | Read more »
MyTP One Mountain - Ski, Freeski and Sno...
MyTP One Mountain - Ski, Freeski and Snowboard 1.0.0 Device: iOS Universal Category: Games Price: $.99, Version: 1.0.0 (iTunes) Description: As real snow is melting away in the snow parks around the northern hemisphere, it's now time... | Read more »

Price Scanner via MacPrices.net

16GB 1st generation iPad mini available for $...
Radio Shack has a select number of refurbished 1st generation 16GB WiFi iPad minis available for $199.99 on their online store. Choose free shipping or free ship-to-store. We expect these to sell out... Read more
13-inch 2.5GHz MacBook Pro on sale for $100 o...
B&H Photo has the 13″ 2.5GHz MacBook Pro on sale for $1099 including free shipping plus NY sales tax only. Their price is $100 off MSRP. Read more
iPad Sales “Lull” A Reality Correction Of Unm...
I have lots of time for Jean-Louis Gassée, the former Apple Computer executive (1981 to 1990) who succeeded Steve Jobs as head of Macintosh development when the latter was dismissed in 1985. Mr.... Read more
Apple Makes OS X Betas Available To All – Wit...
Apple’s OS X Beta Seed Program, which lets you install the latest pre-release builds, try it out, and submit your feedback, is now open to anyone who wants to sign on rather than to developers and... Read more
Apple Releases iOS 7.1.1 Update
The latest iOS 7.1.1 update contains improvements, bug fixes and security updates, including: • Further improvements to Touch ID fingerprint recognition • Fixes a bug that could impact keyboard... Read more
Logitech Announces Thinner, Lighter, More Fle...
Logitech has announced an update to its Ultrathin for iPad Air, iPad mini and iPad mini with Retina display, improving the flexibility and design of its award-winning predecessor with an even thinner... Read more
Logitech Introduces Hinge, Big Bang and Turna...
Logitech has announced expansion of its tablet product line with three new cases – the Logitech Hinge, the Logitech Big Bang and the Logitech Turnaround – each for the iPad Air, iPad mini and iPad... Read more
WaterField’s Rough Rider Leather Messenger Ba...
WaterField Designs have announced the new 15-inch size of their popular Rough Rider leather messenger bag, a vintage-looking bag that combines Old West charm and ruggedness with distinctly modern... Read more
New Mac Pro on sale, save $100 on the 4-Core...
J&R has the new 4-Core Mac Pro in stock today and on sale for $2899 including free shipping plus NY sales tax only. Their price is $100 off MSRP, and it’s the lowest price available for this... Read more
Apple refurbished iMacs available for up to $...
The Apple Store has Apple Certified Refurbished 2013 iMacs available for up to $300 off the cost of new models. Apple’s one-year warranty is standard, and shipping is free. - 27″ 3.4GHz iMac – $1699... Read more

Jobs Board

*Apple* Solutions Consultant (ASC) - Apple (...
**Job Summary** The ASC is an Apple employee who serves as an Apple brand ambassador and influencer in a Reseller's store. The ASC's role is to grow Apple Read more
*Apple* Solutions Consultant (ASC) - Apple (...
**Job Summary** The ASC is an Apple employee who serves as an Apple brand ambassador and influencer in a Reseller's store. The ASC's role is to grow Apple Read more
Position Opening at *Apple* - Apple (United...
…customers purchase our products, you're the one who helps them get more out of their new Apple technology. Your day in the Apple Store is filled with a range of Read more
*Apple* Solutions Consultant (ASC) - Apple (...
**Job Summary** The ASC is an Apple employee who serves as an Apple brand ambassador and influencer in a Reseller's store. The ASC's role is to grow Apple Read more
*Apple* Inc. Research Data Specialist - Appl...
…of Worldwide Market Research & Intelligence. The team is responsible for conducting Apple branded consumer market research. It is also responsible for analyzing data Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.